Being the victim of a dog bite often results in many types of damage, often beyond the physical. Although a dog bite can cause extensive physical damage, the emotional and psychological impact of a dog bite can be just as damaging.
Dog bite victims in New York frequently suffer from a wide range of psychological repercussions, including anxiety, depression, post-traumatic stress disorder and ongoing fear of all types of dogs.
New York law establishes strict liability for dog bite claims, meaning you do not need to prove the dog’s owner was negligent to recover compensation. You can receive compensation for economic damages, such as medical bills, and non-economic damages, such as pain and suffering.
New York’s dangerous dog law
However, although you do not need to prove negligent, you must prove that the dog’s owner knew that the dog was dangerous. This means that a dog is aggressive or tends to be violent. These types of dogs are sometimes labeled “dangerous dogs.”
Proving a dog is dangerous involves providing evidence that the dog attacked and injured another person or pet.
Once you prove that a dog was dangerous, you could recover compensation for pain and suffering. There are two types of pain and suffering.
First, there is the physical pain and suffering you endure due to the physical pain you sustained from the dog bite. Next, there is emotional pain and suffering that you sustain.
New York law places no limit on the amount you can recover for pain and suffering in most dog bite cases, but you must have evidence to prove pain and suffering.
Obtaining evidence to prove non-economic injuries such as pain and suffering is challenging. It is not as straightforward as submitting a bill for your medical treatment. However, you may be able prove your claim with the following types of evidence.
Photographs and testimony
Photographs of your physical injuries can have a powerful impact. A photograph of a gruesome or horrifying injury allows a judge or jury to imagine the pain that comes with such an injury. Prescription records for drugs you take due to your physical injury can also help.
Expert medical witnesses, such as your primary care physician or other medical experts, can testify about the effect of the injury. You may seek psychological treatment after a dog bite and your counselor or therapist’s testimony could be extremely valuable.
Keeping a pain journal
Daily writing describing your pain level or how the aftermath of your dog bite is affecting aspects of your life, such as your sleep or ability to leave the house, can be presented as evidence.
Pain and suffering damages often make up a sizeable portion of an award in a dog bite case. However, you can expect a strong defense from the other side, trying to reduce this portion of your compensation. You must be prepared with the strongest possible evidence to counter the defense.
